- (1.) MUKTESHWAR Prasad, J. This criminal appeal by two accused Mewa Ram and Balak Ram is directed against the judgment and order dated 4-12-1980 passed by Sri D. D. Srivastava, the then I Additional Sessions Judge, Shahjahanpur whereby he convicted both the accused under Section 307 of the Penal Code and sentenced them to undergo rigorous imprisonment for a period of five years.
(2.) IN brief, the prosecution story was as under. P. W. 3 Ram Shanker, son of Dharam Singh, handed over a written report at police station Tilhar (Shahjahanpur) and lodged a F. I. R. on 30-8-79 at 8. 45 p. m. The informant alleged in his report that about three and half years ago, he, his brother Shyam Lal and one Sher Singh were assaulted by Balak Ram, Data Ram and six others with lathies, kanta and spear in connection with damaging of Merh. A F. I. R. was lodged by Shyam Lal, Mewa Ram and others faced trial in the Court, which ended in acquittal. On account of aforesaid litigation and enmity, the accused wanted to cause harm to the informant. On 30-8-79, at about 4. 00 p. m. informant's brother Shyam Lal was cutting grass in his plot situated towards south-west of the village. The co-villagers Prem Raj and Narsingh were also cutting grass in the neighbourhood towards south. All of a sudden, four assailants, namely, Mewa Ram armed with kanta, Balak Ram armed with a lathi, Data Ram and Mahabir, who were having guns and rifle in their hands respectively appeared there from the Bajra field. Accused Data Ram and Mahabir used abusive language to Shyam Lal and exhorted to kill him. On their exhortation, Mewa Ram and Balam Ram used their weapons and assaulted Shyam Lal mercilessly. On hue and cry raised by Shyam Lal, Prem Raj, Narsingh and others arrived there, saw the incident and intervened. After causing several injuries, the assailants ran away towards south of the village. Ram Shanker got a report prepared. He arranged a bullock-cart and took his injured brother to the police station and handed over his report. He alleged that the assailants intended to commit murder of his brother.
(3.) AFTER registration of the case at the police station at crime No. 344, the local police sent the injured to P. H. C. , Tilhar were Dr. A. K. Bapna, Medical Officer examined the injuries on 30-8-79 at 10. 00 p. m. Dr. Bapna found as many as twenty-one injuries on the person of Shyam Lal, including two incised wounds. All the injuries were fresh and were caused by blunt object except injuries No. 6 and 7, which were caused by sharp edged weapon. He referred the injured to District Hospital for X-ray and better treatment.;